NY State Senate Bill 2021-S8444

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2022	referred to elections

co-Sponsors

2021-S8444 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§6-154 & 16-102, El L
Versions Introduced in 2023-2024 Legislative Session:: S6740

2021-S8444 (ACTIVE) - Summary

Relates to objections to designating and nominating petitions; outlines requirements for officers, boards and judges making determinations as to the sufficiency of a designating or nominating petition.

2021-S8444 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8444

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the election law, in relation to objections to designat-
ing and nominating petitions

 
PURPOSE:

To reduce the number of arbitrary hurdles the petitioning process
imposes on persons seeking to run for public office.

 
SUMMARY OF PROVISIONS:

The bill amends §§ 6-154 and 16-102 of the election law, requiring any
board of elections official or judge ruling on the validity of
objections to designating and nominating petitions to construe the rele-
vant election law, rules, and regulations liberally so as not to deprive
an individual of their right to run for office, or the voters of their
right to elect a candidate of their choice. The bill requires the board
of elections official or judge, when evaluating the sufficiency of a

petition to abide by the following:

òobjections related to a voter or witness statement address should fail
if the voter or witness and their address is reasonably ascertainable

* an objection will not be valid simply because a voter or witness
writes in the name of their village rather than their town. In the city
of new york, an objection will not be valid simply because a voter or
witness writes in the name of their borough rather than their county

* pagination errors shall not be a basis for invalidating a petition

* a petition packet should not be invalidated simply because the signa-
ture count appearing on the cover sheet is misstated

* a petition will not be invalidated simply because the stated number of
signatures that appear in the witness statement is inaccurate

* a challenge to a petition premised on the relevant office being inac-
curately stated will be valid only if the misstated office is likely to
confuse voters

* When the date appearing on the witness statement is earlier than the
stated date of some voter signatures, only the voter signatures that
carry a date that is later than the date born by the witness statement
will be invalid.

* A petition may be rejected if such a petition does not meet the mini-
mum number of signatures required under the election law.

 
JUSTIFICATION:

Despite efforts over the past several years to make ballot access easi-
er, there are still a number of arcane election requirements that make
it unnecessarily difficult for candidates to get on the ballot.  The
petitioning process is intended to require potential candidates to show
a threshold level of support from the community they wish to represent,
and candidates are required to collect a minimum number of valid signa-
tures, depending on the size of the district or municipality. Yet far
too often, established incumbents and political parties are able to
leverage the often obscure regulations of the petitioning process to
keep new candidates off the ballot.

Election law allows a voter's signature to be invalidated for many seem-
ingly arbitrary or unnecessary reasons, even in cases where there is no
allegation of fraud or forgery. As a result, many candidates each year
are thrown off the ballot when signatures from registered voters in
their district are invalidated for technical errors. These technical
errors could include a witness failing to correctly count the number of
signatures on a petition sheet, a voter writing the name of their
village or borough rather than their town or county, or a campaign acci-
dentally submitting a petition packet with the pages out of order. In
these and many other cases, the rights of voters to see the candidate
they signed for on the ballot are overlooked. While many petition
requirements are necessary to prevent fraud, others now serve little
discernible purpose other than to discourage people from running for
office.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8444 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8444
 
                             I N  S E N A T E
 
                               March 1, 2022
                                ___________
 
 Introduced  by  Sens.  REICHLIN-MELNICK,  MAY  -- read twice and ordered
   printed, and  when  printed  to  be  committed  to  the  Committee  on
   Elections
 
 AN ACT to amend the election law, in relation to objections to designat-
   ing and nominating petitions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 6-154 of the election law is amended  by  adding  a
 new subdivision 2-a to read as follows:
   2-A.  (A)  WHEN  RULING  ON  OBJECTIONS  TO DESIGNATING AND NOMINATING
 PETITIONS, THE OFFICER OR BOARD WITH WHOM SUCH OBJECTION IS FILED  SHALL
 CONSTRUE  ALL  ELECTION LAWS, RULES, AND REGULATIONS LIBERALLY SO AS NOT
 TO DEPRIVE AN INDIVIDUAL OF THEIR RIGHT TO RUN FOR OFFICE, OR THE VOTERS
 OF THEIR RIGHT TO ELECT A CANDIDATE OF THEIR CHOICE.
   (B) THE OFFICER OR BOARD MAKING A DETERMINATION AS TO THE  SUFFICIENCY
 OF  A  PETITION  SHALL  ABIDE BY THE FOLLOWING WHEN MAKING SUCH DETERMI-
 NATION:
   (I) OBJECTIONS RELATED TO A VOTER OR WITNESS STATEMENT  ADDRESS  SHALL
 NOT  BE  VALID  IF  THE  VOTER OR WITNESS AND THE ADDRESS ARE REASONABLY
 ASCERTAINABLE BY THE OFFICER OR BOARD MAKING A DETERMINATION.
   (II) OBJECTIONS SHALL NOT BE VALID SIMPLY BECAUSE A VOTER  OR  WITNESS
 WRITES IN THE NAME OF THE VILLAGE, HAMLET, OR CENSUS DESIGNATED PLACE IN
 WHICH  SUCH VOTER OR WITNESS LIVES RATHER THAN THE CITY OR TOWN IN WHICH
 SUCH VOTER OR WITNESS LIVES. IN THE CITY OF NEW YORK, AN OBJECTION SHALL
 NOT BE VALID SIMPLY BECAUSE A VOTER OR WITNESS WRITES IN THE NAME OF THE
 BOROUGH IN WHICH SUCH VOTER OR WITNESS LIVES RATHER THAN THE  COUNTY  IN
 WHICH SUCH VOTER OR WITNESS LIVES.
   (III) OBJECTIONS RELATED TO PAGINATION ERRORS SHALL NOT BE A BASIS FOR
 INVALIDATING A PETITION.
   (IV)  A  PETITION SHALL NOT BE INVALIDATED BECAUSE THE SIGNATURE COUNT
 APPEARING ON THE COVER SHEET IS MISSTATED. ONLY THE NUMBER OF SIGNATURES
 ACTUALLY APPEARING ON THE PETITION SHALL BE COUNTED.
   (V) A PETITION SHALL NOT BE INVALIDATED BECAUSE THE STATED  NUMBER  OF
 SIGNATURES  THAT APPEAR IN THE WITNESS STATEMENT IS INACCURATE. ONLY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13009-02-1
 S. 8444                             2
 
 NUMBER OF SIGNATURES ACTUALLY APPEARING ON THE PETITION SHALL BE  COUNT-
 ED.
   (VI)  AN  OBJECTION  TO  A  PETITION PREMISED ON THE PUBLIC OFFICE FOR
 WHICH A CANDIDATE WAS DESIGNATED FOR NOMINATION BEING INACCURATELY STAT-
 ED SHALL BE VALID ONLY IF A REASONABLE VOTER WOULD BE  CONFUSED  BY  THE
 DESCRIPTION OF SUCH MISSTATED OFFICE.
   (VII) WHEN THE DATE APPEARING ON THE WITNESS STATEMENT IS EARLIER THAN
 THE STATED DATE OF SOME VOTER SIGNATURES, ONLY THE VOTER SIGNATURES THAT
 BEAR  A  DATE THAT IS LATER THAN THE DATE BORNE BY THE WITNESS STATEMENT
 SHALL BE INVALID.
   (VIII) A PETITION MAY BE REJECTED BY THE BOARD OF  ELECTIONS  IF  SUCH
 PETITION  DOES NOT MEET THE MINIMUM NUMBER OF SIGNATURES REQUIRED PURSU-
 ANT TO SECTION 6-136 OF THIS ARTICLE.
   § 2. Section 16-102 of the election law is amended  by  adding  a  new
 subdivision 2-a to read as follows:
   2-A.  (A)  WHEN  RULING  ON  OBJECTIONS  TO DESIGNATING AND NOMINATING
 PETITIONS, THE COURT SHALL CONSTRUE ALL ELECTION LAWS, RULES, AND  REGU-
 LATIONS  LIBERALLY  SO AS NOT TO DEPRIVE AN INDIVIDUAL OF THEIR RIGHT TO
 RUN FOR OFFICE, OR THE VOTERS OF THEIR RIGHT TO  ELECT  A  CANDIDATE  OF
 THEIR CHOICE.
   (B)  THE  COURT SHALL ABIDE BY THE FOLLOWING WHEN MAKING SUCH DETERMI-
 NATION:
   (I) OBJECTIONS RELATED TO A VOTER OR WITNESS STATEMENT  ADDRESS  SHALL
 NOT  BE  VALID  IF  THE  VOTER OR WITNESS AND THE ADDRESS ARE REASONABLY
 ASCERTAINABLE BY THE OFFICER OR BOARD MAKING A DETERMINATION.
   (II) OBJECTIONS SHALL NOT BE VALID SIMPLY BECAUSE A VOTER  OR  WITNESS
 WRITES IN THE NAME OF THE VILLAGE, HAMLET, OR CENSUS DESIGNATED IN WHICH
 SUCH  VOTER  OR WITNESS LIVES RATHER THAN THE CITY OR TOWN IN WHICH SUCH
 VOTER OR WITNESS LIVES. IN THE CITY OF NEW YORK, AN OBJECTION SHALL  NOT
 BE  VALID  SIMPLY  BECAUSE  A VOTER OR WITNESS WRITES IN THE NAME OF THE
 BOROUGH IN WHICH SUCH VOTER OR WITNESS LIVES RATHER THAN THE  COUNTY  IN
 WHICH SUCH VOTER OR WITNESS LIVES.
   (III) OBJECTIONS RELATED TO PAGINATION ERRORS SHALL NOT BE A BASIS FOR
 INVALIDATING A PETITION.
   (IV)  A  PETITION SHALL NOT BE INVALIDATED BECAUSE THE SIGNATURE COUNT
 APPEARING ON THE COVER SHEET IS MISSTATED. ONLY THE NUMBER OF SIGNATURES
 ACTUALLY APPEARING ON THE PETITION SHALL BE COUNTED.
   (V) A PETITION SHALL NOT BE INVALIDATED BECAUSE THE STATED  NUMBER  OF
 SIGNATURES  THAT APPEAR IN THE WITNESS STATEMENT IS INACCURATE. ONLY THE
 NUMBER OF SIGNATURES ACTUALLY APPEARING ON THE PETITION SHALL BE  COUNT-
 ED.
   (VI)  AN  OBJECTION  TO  A  PETITION PREMISED ON THE PUBLIC OFFICE FOR
 WHICH A CANDIDATE WAS DESIGNATED FOR NOMINATION BEING INACCURATELY STAT-
 ED SHALL BE VALID ONLY IF A REASONABLE VOTER WOULD BE  CONFUSED  BY  THE
 DESCRIPTION OF SUCH MISSTATED OFFICE.
   (VII) WHEN THE DATE APPEARING ON THE WITNESS STATEMENT IS EARLIER THAN
 THE STATED DATE OF SOME VOTER SIGNATURES, ONLY THE VOTER SIGNATURES THAT
 BEAR  A  DATE THAT IS LATER THAN THE DATE BORNE BY THE WITNESS STATEMENT
 SHALL BE INVALID.
   (VIII) A PETITION MAY BE REJECTED BY THE BOARD OF  ELECTIONS  IF  SUCH
 PETITION  DOES NOT MEET THE MINIMUM NUMBER OF SIGNATURES REQUIRED PURSU-
 ANT TO SECTION 6-136 OF THIS CHAPTER.
   § 3. This act shall take effect immediately.

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Senate Bill S8444

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

2021-S8444 (ACTIVE) - Details

2021-S8444 (ACTIVE) - Summary

2021-S8444 (ACTIVE) - Sponsor Memo

2021-S8444 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8444

Share this bill

Sponsored By

Elijah Reichlin-Melnick

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Rachel May

2021-S8444 (ACTIVE) - Details

2021-S8444 (ACTIVE) - Summary

2021-S8444 (ACTIVE) - Sponsor Memo

2021-S8444 (ACTIVE) - Bill Text download pdf

Comments